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12 <br /> <br />Commissioner Marcoplos asked if it is the State which says if a use it not 1 <br />specifically prohibited, then it must be allowed. 2 <br />Michael Harvey said the States wants ordinances to be as inclusive as possible, 3 <br />so that the layman can read and understand them. He said this was reaffirmed by the 4 <br />Bird vs. Franklin State Supreme Court case. He said staff is seeking to assure that 5 <br />viable uses are listed, and identified as permissible or not; or expanding definitions to 6 <br />insure that staff is categorizing independent land uses to avoid the embarrassment of a 7 <br />land owner saying, “It is not listed, so I can do it.” 8 <br />Commissioner Marcoplos asked if such a situation has ever arisen. 9 <br />Michael Harvey said yes, in the Bird vs. Franklin case, which involved a shooting 10 <br />range. 11 <br />Commissioner Marcoplos said that the local government made a mistake. 12 <br />Michael Harvey said yes, and that is why staff is looking at this very carefully. 13 <br />Commissioner Marcoplos asked if there is any recourse that can be taken should 14 <br />a resident come up with a use that simply could not have been predicted, and thus 15 <br />included in the list of prohibited uses. 16 <br />Craig Benedict said the County should not be in interpretive mode, as there is not 17 <br />meant to be a lot of discretion in decision-making. He said if there is a very good 18 <br />definition that seems to cover as much as possible, and staff deems a use as prohibited, 19 <br />the resident can appeal that decision. 20 <br /> 21 <br />A motion was made by Commissioner Price, seconded by Commissioner 22 <br />Burroughs to adjourn the meeting at 9:34 p.m. 23 <br /> 24 <br />VOTE: UNANIMOUS 25 <br /> 26 <br /> 27 <br /> 28 <br /> Mark Dorosin, Chair 29 <br /> 30 <br /> 31 <br />Donna Baker 32 <br />Clerk to the Board 33 <br /> 34 <br /> 35 <br /> 36